Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. David Mortimer, Defendant-Respondent

May 26, 1994135 N.J. 517

Summary

The Supreme Court of New Jersey held that New Jersey's harassment statute, including its bias‑motivation penalty‑enhancement provision (subsection d), does not violate the First Amendment, the New Jersey Constitution, the overbreadth doctrine, the vagueness doctrine, or the Equal Protection Clause. The Court affirmed the statute's constitutionality, reversed the trial court's dismissal, reinstated the indictment, and remanded for further proceedings.